At my job, just because something leaked through Wikileaks doesn't mean its unclassified.
...as long as you're clear that this is merely company policy and is not actually a point of law.
...as long as you're clear that this is merely company policy and is not actually a point of law.
Actual prosecutions for people without clearance revealing classified information are generally rare because it's usually done as a form of journalism, which brings first ammendment issues into play. That's probably why wikileaks has made such an effort lately to re-cast themselves as a journalistic organization instead of just a clearinghouse for "whistle blowers."
The scenario you describe simply doesn't exist, it has nothing to do with journalism, and the onus is on those advocating for the validity of these kinds of prosecutions to distinguish acts from those which AIPAC members had charges dropped in the Franklin case just a few years ago.
I'd be interested in hearing about any successful prosecutions, so consider me eager to be proven wrong.
I also didn't describe any scenario for prosecution, so I'm not sure what you're referring to when you say that the scenario I describe simply doesn't exist. The only scenario I described was the kind where prosecution doesn't happen.
My overall point was that your statement regarding the illegality was wrong: the illegality of distributing classified materials is not based on covenant, it is based on statute. The covenant part gives prosecutors a few extra charges to pile on for people who have clearances, but it's not the main piece. Whether or not such laws are enforceable in a practical sense does not change the fact that distributing classified material is, under current law, illegal regardless of who you are.
If the hypothetical piece of paper on the street were a single page marked with a classification level, but without the cover sheet and its explanation, you might be able to argue that you didn't think that you were legally prohibited from distributing that information. Then again, "I didn't know that was illegal, your honor," generally doesn't play well in the courts. IANAL, so I can't tell you what would happen in this situation, but I can tell you that even if you were to avoid conviction the overall experience would probably be time consuming, expensive, and generally unpleasant.
For that matter, I honestly couldn't tell you which statutes provide for prosecution of non-cleared persons who distribute classified materials. All I can tell you is that every classified document has a cover sheet, and that at least some of those cover sheets specifically state that you can be prosecuted for distributing the contents to unauthorized people, even if you haven't agreed to protect it. It's been a long time since I've seen one, so I don't remember the exact wording but the warnings were stern enough that I remember them being there. Maybe the cover sheets cite a statute, maybe they don't specify. Maybe the whole bit about prosecution is a bluff, but I somehow doubt that an anal-retentive government bureaucracy would print official documents with a bluff that audacious.